[Federal Register Volume 61, Number 111 (Friday, June 7, 1996)]
[Rules and Regulations]
[Pages 29028-29030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14202]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AH64
Post-Vietnam Era Veterans' Educational Assistance: Miscellaneous
AGENCIES: Department of Defense and Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends the regulations concerning the Post-
Vietnam Era Veterans' Educational Assistance Program (VEAP). It removes
provisions that are obsolete, duplicative, or otherwise unnecessary. It
also makes changes for purposes of clarification.
EFFECTIVE DATE: June 7, 1996.
FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director
for Policy and Program Administration, Education Service, Veterans
Benefits Administration, Department of Veterans Affairs, 202-273-7187.
SUPPLEMENTARY INFORMATION: The regulations governing VEAP are set forth
in 38 CFR Part 21, Subpart G (see 38 CFR 21.5001 through 21.5300). This
document amends these regulations as discussed below.
Section 21.5001 is revised to specify delegations of authority to
various employees to make decisions concerning claims for benefits
under VEAP. Previously these delegations were included by incorporation
by reference.
Section 21.5020 is revised by referring readers to applicable
statutory provisions instead of restating the statutory provisions.
Section 21.5021 is amended to correct a typographical error.
Section 21.5022 is amended to update information concerning the
relationship between VEAP benefits and other benefit programs.
Section 21.5040 contained a paragraph that required each person who
was eligible for educational assistance under both the Vietnam Era GI
Bill and VEAP to elect under which program he or she wished to receive
benefits. These provisions are removed. Since the Vietnam Era GI Bill
has expired, no one is eligible under both programs. However, if such
an election was made in the past, it remains irrevocable by statute
(see 38 U.S.C. 3221(f)).
Section 21.5058 is amended by removing a reference to Sec. 21.4703,
since Sec. 21.4703 was removed by another Federal Register document.
Also, the reference to Sec. 21.4703 is replaced by a reference to the
corresponding statutory provision.
Section 21.5060 contained material concerning disenrollment from
VEAP by individuals who instead chose to participate in the Vietnam Era
GI Bill. Since individuals can no longer do that, the material is
removed.
Section 21.5064 contained provisions concerning an officer
adjustment benefit. Eligibility can no longer be established for this
benefit. Therefore, this material is obsolete and is removed.
Section 21.5074 contained provisions for reducing the monthly
payment made to a VEAP participant who has excessive absences during
that month. Due to a statutory change, these provisions applied only to
absences occurring prior to December 18, 1989. Consequently, this
section is obsolete and is removed.
Section 21.5100 is amended by replacing obsolete authority
citations with current citations.
Section 21.5103 is amended by removing obsolete rules concerning
when travel connected with counseling will be reimbursed by the
Department of Veterans Affairs (VA), and replacing those rules with a
reference to the sections of the U.S. Code that govern these
reimbursements.
Section 21.5130 contained statements as to which of several
regulations governing payments of educational assistance VA will apply
to the payments of educational assistance under VEAP. This section is
revised to eliminate references to sections and paragraphs that no
longer exist.
Section 21.5132 is amended by removing provisions that are no
longer necessary because they applied only to payments that have
already been made.
[[Page 29029]]
Section 21.5141 contained the rules for determining the amount of
tutorial assistance for which a VEAP participant may be eligible. The
method for making this determination is the same as the method used in
determining tutorial assistance for several of the other educational
assistance programs VA administers, such as the Montgomery GI Bill--
Active Duty program. Hence, instead of repeating the detailed
instructions in Sec. 21.5141, the same instructions in Sec. 21.4236 are
incorporated by reference.
Section 21.5145 is removed because it is no longer necessary. VA
recently revised Sec. 21.4145 so that it applies to VA's work-study
programs in all the education programs VA administers. There is no need
for a separate regulation restating work-study provisions for VEAP
participants.
In Sec. 21.5200, paragraph (f) contained material concerning
absences which, as noted above, no longer is applicable. Hence, this
material is obsolete and is removed.
Section 21.5300, and a reference in Sec. 21.5292 to Sec. 21.5300,
are removed because Sec. 21.5300 merely concerned the applicability of
sections that were removed by another Federal Register document.
This document also makes changes to some of the sections referred
to above for clarification.
This document removes provisions that are obsolete, duplicative, or
without substantive effect and makes changes for clarification. This
document makes no substantive changes. Accordingly, there is a basis
for dispensing with prior notice and comment and delayed effective date
provisions of 5 U.S.C. 552 and 553.
The Secretary of Veterans Affairs and the Secretary of Defense
hereby certify that this final rule will not have a significant
economic impact on a substantial number of small entities as they are
defined in the Regulatory Flexibility Act, 5 U.S.C. 601-612. This final
rule makes no substantive changes. Pursuant to 5 U.S.C. 605(b), this
final rule, therefore, is exempt from the initial and final regulatory
flexibility analyses requirements of Secs. 603 and 604.
The Catalog of Federal Domestic Assistance number for the program
affected by these regulations is 64.120.
List of Subjects in 38 CFR Part 21
Administrative practice and procedure, Armed forces, Civil rights,
Claims, Colleges and universities, Conflict of interests, Defense
Department, Education, Employment, Grant programs--education, Grant
programs--veterans, Health care, Loan programs--education, Loan
programs--veterans, Manpower training programs, Reporting and
recordkeeping requirements, Schools, Travel and transportation
expenses, Veterans, Vocational education, Vocational rehabilitation.
Approved: May 22, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
Samuel E. Ebbesen,
Lieutenant General, USA, Deputy Assistant Secretary (Military Personnel
Policy), Department of Defense.
For the reasons set out in the preamble, 38 CFR part 21 (subpart G)
is amended as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart G--Post-Vietnam Era Veterans' Educational Assistance Under
38 U.S.C. Chapter 32
1. The authority citation for 38 CFR part 21, subpart G is revised
to read as follows:
Authority: 38 U.S.C. 501(a), ch. 32, unless otherwise noted.
2. Section 21.5001 is revised to read as follows:
Sec. 21.5001 Administration of benefits: 38 U.S.C. Chapter 32.
(a) Delegation of authority. Except as otherwise provided,
authority is delegated to the Under Secretary for Benefits and to
supervisory or administrative personnel within the jurisdiction of the
Education Service, Veterans Benefits Administration, designated by him
or her to make findings and decisions under 38 U.S.C. Chapter 32 and
the applicable regulations, precedents, and instructions, as to the
program authorized by subpart G of this part.
(Authority: 38 U.S.C. 512(a))
(b) Administrative provisions. In administering benefits payable
under 38 U.S.C. Chapter 32, VA will apply the following sections:
(1) Section 21.4002--Finality of decisions;
(2) Section 21.4003 (except paragraphs (d) and (e))--Revision of
decisions;
(3) Section 21.4005--Conflicting interests;
(4) Section 21.4006--False or misleading statements;
(5) Section 21.4007--Forfeiture;
(6) Section 21.4008--Prevention of overpayments; and
(7) Section 21.4009--Overpayments; waiver or recovery.
(Authority: 38 U.S.C. 3241(a), 3680, 3683, 3685, 3690, 6103)
3. Section 21.5020 is revised to read as follows:
Sec. 21.5020 Post-Vietnam era veterans' educational assistance.
Title 38 U.S.C. Chapter 32 provides for a participatory program for
educational assistance benefits to eligible veterans and
servicepersons. The intent of the Congress for this program is stated
in 38 U.S.C. 3201.
(Authority: 38 U.S.C. 3201)
4. In Sec. 21.5021, the authority citation following paragraph
(b)(5) is amended by removing ``320'' and adding, in its place,
``3202)'' and the authority citation following paragraph (c) is amended
by removing ``101'' and adding, in its place, ``101(20)''.
5. In Sec. 21.5022, paragraphs (a), (b)(1)(i), (b)(1)(ii),
(b)(1)(iii), and (b)(1)(iv) are revised, and paragraphs (b)(1)(v),
(b)(1)(vi), and (b)(1)(vii) are added, to read as follows:
Sec. 21.5022 Eligibility under more than one program.
(a) Concurrent benefits under more than one program. An individual
may not receive educational assistance under 38 U.S.C. Chapter 32
concurrently with benefits under any of the following provisions of
law:
(1) 38 U.S.C. Chapter 31;
(2) 38 U.S.C. Chapter 35;
(3) 10 U.S.C. Chapter 107;
(4) 10 U.S.C. Chapter 1606;
(5) Section 903 of the Department of Defense Authorization Act,
1981 (10 U.S.C. 2141 note); or
(6) The Omnibus Diplomatic Security and Antiterrorism Act of 1986.
(Authority: 38 U.S.C. 3681(b))
(b) Total eligibility under more than one program.
(1) * * *
(i) 38 U.S.C. Chapter 30;
(ii) 38 U.S.C. Chapter 35;
(iii) 10 U.S.C. Chapter 107;
(iv) 10 U.S.C. Chapter 1606;
(v) Section 903 of the Department of Defense Authorization Act,
1981 (10 U.S.C. 2141, note);
(vi) The Hostage Relief Act of 1980 (5 U.S.C. 5561 note); or
(vii) The Omnibus Diplomatic Security and Antiterrorism Act of
1986.
* * * * *
6. In Sec. 21.5040, paragraph (g) is removed and paragraph (h) is
redesignated as paragraph (g).
7. In Sec. 21.5058, paragraph (b) is amended by removing
``Sec. 21.4703 of this part'' and adding, in its place, ``sec. 207,
Pub. L. 101-366, 104 Stat. 442,''.
[[Page 29030]]
8. In Sec. 21.5060, paragraph (a)(2) is revised to read as follows:
Sec. 21.5060 Disenrollment.
(a) Voluntary disenrollment. * * *
(2) At any time within the initial 12 months of participation, an
individual may elect to disenroll for reasons of personal hardship
only.
(Authority: 38 U.S.C. 3221(a), (b))
* * * * *
9. In Sec. 21.5064, paragraphs (b)(1) and (b)(2) are revised to
read as follows:
Sec. 21.5064 Refund upon disenrollment.
* * * * *
(b) Effective date of refund. * * *
(1) If an individual voluntarily disenrolls from the program before
discharge or release from active duty, VA will refund the individual's
unused contributions:
(i) On the date of the participant's discharge or release from
active duty; or
(ii) Within 60 days of VA's receipt of notice of the individual's
discharge or disenrollment; or
(iii) As soon as possible after VA's receipt of notice indicating
that an earlier refund is needed due to hardship or for other good
reasons.
(Authority: 38 U.S.C. 3223(b), 3232)
(2) If an individual voluntarily disenrolls from the program after
discharge or release from active duty under other than dishonorable
conditions, his or her contributions shall be refunded within 60 days
of receipt by VA of an application for a refund from the individual.
(Authority: 38 U.S.C. 3202(1)(A), 3223(c), 3232(b))
* * * * *
Sec. 21.5074 [Removed]
10. Section 21.5074 is removed.
Sec. 21.5100 [Amended]
11. In Sec. 21.5100, the authority citation following paragraph (b)
is amended by removing ``3463; Pub. L. 96-466, Pub. L. 99-576'', and
adding, in its place, ``3697A(a)''; the authority citation following
paragraph (c) is amended by removing ``3463; Pub. L. 99-466, Pub. L.
99-576'' and adding, in its place, ``3241, 3697A (a) and (b)''; and the
authority citation following paragraph (d) is amended by removing
``3697A'' and adding, in its place, ``3697A(c)''.
12. Section 21.5103 is revised to read as follows:
Sec. 21.5103 Travel expenses.
(a) General. VA shall determine and pay the necessary expense of
travel to and from the place of counseling for a veteran who is
required to receive counseling as provided under 38 U.S.C. 111 (a),
(d), (e), and (g).
(Authority: 38 U.S.C. 111(a), (d), (e), and (g))
(b) Restriction. VA will not pay the necessary cost of travel to
and from the place of counseling when counseling is not required, but
is provided as a result of a voluntary request by the veteran.
(Authority: 38 U.S.C. 111)
13. In Sec. 21.5130, paragraph (a) is amended by removing ``(except
paragraph (e))''; the authority citations following paragraphs (a) and
(b) are removed; paragraph (d) is amended by removing ``paragraphs (b),
(c), (d), (o), and (v)'' and adding, in its place, ``paragraph (b)'';
the authority citation following paragraph (d) is removed; paragraph
(e) is amended by removing ``paragraphs (a), (b), and (c)'' and adding,
in its place, ``paragraph (b)''; paragraph (f) is removed; paragraphs
(g) and (h) are redesignated as paragraphs (f) and (g), respectively;
the authority citations following newly redesignated paragraphs (f) and
(g) are amended by removing ``3241'' and adding, in its place,
``3241(a)''; and the introductory text is revised to read as follows:
Sec. 21.5130 Payments; educational assistance allowance.
VA will apply the following sections in administering benefits
payable under 38 U.S.C. Chapter 32:
* * * * *
14. In Sec. 21.5132, paragraph (b)(2) is removed; and paragraph
(b)(3) is redesignated as paragraph (b)(2) and is revised to read as
follows:
Sec. 21.5132 Criteria used in determining benefit payments.
* * * * *
(b) Contributions. * * *
(2) The amount the Secretary of Defense has contributed to the fund
for the individual.
(Authority: 38 U.S.C. 3231)
15. Section 21.5141 is revised to read as follows:
Sec. 21.5141 Tutorial assistance.
An individual who is otherwise eligible to receive benefits under
the Post-Vietnam Era Veterans' Educational Assistance Program may
receive supplemental monetary assistance to provide tutorial services.
In determining whether VA will pay the individual this assistance, VA
will apply the provisions of Sec. 21.4236.
(Authority: 38 U.S.C. 3234, 3492)
Sec. 21.5145 [Removed]
16. Section 21.5145 is removed.
Sec. 21.5200 [Amended]
17. In Sec. 21.5200, paragraph (f) is removed and reserved.
Sec. 21.5292 [Amended]
18. In Sec. 21.5292, paragraph (e)(2) is amended by removing
``21.5300'' and adding, in its place, ``21.5270''.
19. The undesignated center heading preceding Sec. 21.5300 is
removed.
Sec. 21.5300 [Removed]
20. Section 21.5300 is removed.
[FR Doc. 96-14202 Filed 6-6-96; 8:45 am]
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